Planning Commission Packet - 04/04/1978 POOR QUALITY RECORD
PLEASE NOTE: The original paper record has been archived and
put on microfilm. The following document is a copy of the
microfilm record converted back to digital. If you have questions
please contact City of Tigard Records Department.
AGENDA
TIGARD PLANNING COMMISSION
April 4, 1978 - 7: 30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut St . - Tigard, Oregon
1 . Call to Order:
2. Roll Call :
3. Approval of Minutes :
4. Communications :
5. Public Hearings:
A. Staff Report
B. Applicant ' s Presentation
C. Public Testimony
a. Proponent ' s
b. Opponent 's
c. Cross-examination
D. Staff Recommendation
E . Commission Discussion and Action
5 . 1 CONDITIONAL USE CU 3-78 (Balzer Painting Inc. ) NPO 2
A request by Balzer Painting Inc. for a Conditional Use Permit
to operate a painting contracting business in a M-4, Industrial
Park zone on a 1 .2 acre parcel at 12155 S .W. Grant - Suite A
(Wash. Co . Tax Map 2S1 2BA, Tax Lot 800) .
5.2 CONDITIONAL USE 'CU 4-78 (Leon D. Hval Const . Co. ) NPO 2
A request by Leo D. Hval Const . Co. for a Conditional Use Per-
mit to operate a pre-fabrication of wood products business in
a M-4 Industrial Park zone on a 1 .2 acre parcel at 12155 S .W.
Grant - Suite A (Wash . Co. Tax Map 2S1 2BA, Tax Lot 800) .
5. 3 CONDITIONAL USE CU 6-78 (Donald Burdick) NPO 2
A request by Donald Burdick for a Conditional Use Permit to
operate a real estate and an escrow office in a C-4 Neighborhood
Commercial zone on a .40 acre parcel at the intersection of S .W.
Greenburg Road and Shady Lane (Wash. Co . Tax Map lSl 35B, Tax
Lot 2000) .
5 .4 VARIANCE V 2-78 (Gordon & Betty Sweeny) NPO 7
A request by Gordon & Betty Sweeny for variance to the rear-
yard setback requirements in a R-7 PD zone, Single Family Resi-
dential. Planned Development at 11650 S .W. Hazelwood Loop (Wash,
Co. Tax Map 1S1 34BC, Tax Lot 4900) .
1 6 . Other Business :
7. Adjournment :
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• PUBLIC NOTICE
TIGARD PLANNING COMMISSION
April 4, 1978 - 7 : 30 PM
Fowler. Junior High School - Lecture Room.
10865 SW Walnut Street - Tigard, Oregon
5. PUBLIC HEARINGS •
CONDITIONAL USE CU 3-78 (Balzer Painting Inc. ) NPO 2
A request by Balzer Painting Inc. for a Conditional Use permit
to operate a painting contracting business in a .M-4, Industrial
Park zone on a 1. 2 acre parcel at 12155 S.W. Grant - Suite A
(Wash. Co. Tax Map 2S1 2BA, Tax Lot 800)
5. 2 CONDITIONAL USE CU 4-78 (Leo D. Hval Const. Co. ) NPO 2
A request by Leo D. Hval Const. Co. for a Conditional Use
Permit to operate a pre-fabrication of wood products business
in a M-4 Industrial Park Zone on a 1. 2 acre parcel at
12155 S.W. Grant -- Suite A (Wash. Co. Tax Map 2S1 2BA, Tax Lot 800)
5. 1 CONDITIONAL USE CU 6-78 (Donald Burdick et al) NPO 2
A request by Donald Burdick et al for a Conditional Use Permit
to operate a real estate and an escrow office in a C-I Neighborhood
Commercial Zone on a . 40 acre parcel at tha intersection of
Shady Tax 3 r.
SW '�reenbu�:g, Road and shady Lane (wash. Co. .�wx Map 1S1 ,;3,
Tax Lot 200 0) .
5. 4 VARIANCE V 2-78 (Gordon & Betty Sweeny) NPO 7
A request by Gordon & Betty Sweeny for variance to the rearyard
setback requirements in a R7-PD zone Single Family Residential,
located at 11650 SW Hazelwood Loop(Wash. Co. Tax Map 1S1 34BD,
Tax Lot 4900) .
All persons having an interest in the hearing matter are invited to
appear and submit or.al . and written testimony or submit written
testimony in advance of the meeting.
Publish TT 3-22-78 and 3-29--78 •
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MINUTES
TIGARD PLANNING COMMISSION
t ,
April 4, 1978
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
1. Call to Order
Meeting was called to order at 7: 35 PM
2. Roll Call:
Present : Corliss,Tepedino, Popp, Quimby, Wood, Rossman,
Brian, Goldbach, Sakata
3. Approval of Minutes:
The minutes of March 21, 1978 were approved with the following
corrections: Sakata was present ; on page 3 the statement by
Quimby was reversed and the third paragraph should read"res-
ponsibility of the family and not the community" ; the fourth
paragraph of page 3 should read "$5,000 an acre" ; page 14, Wood
stated that"twenty go through for every one that falters" (sixth
statement from the bottom) .
4 . Communications:
None
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4,
5. Public Hearings:
5 . 1 CONDITIONAL USE CU 3-78 (Balzer) NPO 2
A request by Balzer Painting Inc. for a Conditional Use
Permit to operate a painting contracting business in a
M-4 , Industrial Park zone on a 1.2 acre parcel at
12155 S W S
Grant - Suite A (Wash . Co. Tax Map 2S1 2BA,
Tax Lot 800) .
A. Staff Report : Read by Laws i-
B. Applicant 's Presentation:
i
*Dennis Balzer, 1780 N.W. 1O6th,Portland, `,
explained his employees would be arriving at the site
at about 7:00 am to pick up their materials and would
then be departing to their respective job sites . There
would be no trucks on the site overnight or on weekends
and only one vehicle there during the business day.
r,
C. Public Testimony:
f
None t>
Ar
IL D. Staff Recommendation : G
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MINUTES
TIGARD PLANNING COMMISSION
April 4, 1978
Page 2
Subject to the findings of fact enumerated above,
staff recommends approval of the applicant 's request
as submitted.
E . Commission Discussion:
* Corliss felt it was an appropriate use for the site and
had no objections and recommended approval .
* Sakata also felt it was an appropriate use.
*Goldbach made a motion for approval based on staff findings
and recommendations.
* Tepedino seconded. The vote for approval was unanimous .
5.2 CONDITIONAL USE CU 4-78 (Leon D. Hval Const . Co. ) NPO 2
A request by Leo D. Hval Const . Co. for a Conditional Use
Permit to operate a pre-fabrication of wood products business
in a M-4 Industrial Park zone on a 1.2 acre parcel at
12155 S .W. Grant - Suite A (Wash. Co. Tax Map 1S1 35B, Tax
Lot 2000) .
A. Staff Report : Read by Laws .
B. Applicant ' s Presentation :
*Leon Hva1 , 8015 S .E. Flavel , Portland
stated his business would be producing finished
carpentry for new houses. Materials would be brought
in and stocked, pre-cut and rough-cut to lengths,
labeled, loaded and installed to cut down steps at
the construction site. The major tools would all be
ducted to a self-contained exhaust unit .
C. Public Testimony :
None
D. Staff Recommendation:
Subject to the findings of fact enumerated above,
staff recommends approval of the applicant 's request
as submitted.
E. Commission Discussion:
* Wood moved for approval based on staff findings
* Rossman seconded and the vote was unanimous for
approval.
5. 3 CONDITIONAL USE CU 6-78 (Donald Burdick) NPO 2
A request by Donald Burdick for a Conditional Use Permit
to operate a real estate and an escrow office in a C-4
neighborhood commercial zone on a .40 acre parcel at the
MINUTES
TIGARD PLANNING COMMISSION
April 4, 1978
Page 3
intersection of S .W. Greenburg Road and Shady Lane
(Wash. Co. Tax Map 1S1 35B, Tax Lot 2000) .
A. Staff Report : Read by Laws
B. Applicant 's Presentation:
* Donald Burdick, 434 Ridgeway, Lake Oswego
stated they had tried to lease the space adjacent
to Swift Mart as soon as the building was completed
and had a list of people contacted in regards to
that space and most of them were business/office
uses and not business/retail . There is an insur-
ance office one parcel away; Swift Mart supports
this application and there is no neighborhood
objection to this clean usage of the site and
with a positive impact . The site is oriented
towards the interchange and Washington Square so
that another retail outlet in the space would have
to compete with it (Wash. Sq . ) Its a difficult
site to reach; the flood plain is directly behind
it and being as there are no sidewalks one must
drive to it . Studies of Swift Mart customers have
shown nominal neighborhood usage with the majority
of the business coming off the interchange . Office
zn space is currently under construction south of
Washington Square as is the Moyer Quad-Cinema and
a Financial. Center is proposed. on Greenburg. This
site has a strong relation to the area on the north.
C. Public Testimony:
None .
D. Staff Recommendations :
Subject to the findings of fact enumerated above,
staff recommends approval of the applicant 's request
as submitted.
Rebuttal
* Corliss asked how long had this site been for rent
* Burdick stated since the building had been completed
in September 1977 but had also been listed with
a.. realtor previously.
E. Commission Discussion:
* Tepedino made a motion for approval
* Goldbach seconded and the motion was unanimous .
5.4 VARIANCE V 2-78 (Gordon & Betty Sweeny) NPO 7
A request by Gordon & Betty Sweeny for variance to the
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Ammimmil
MINUTES
TI'GARD PLANNTNG COMMISSION
April 4, 1978
Page 4
rear yard setback requirements in a R-7 PD zone,
Single Family Residential Planned Development at
11650 SW Hazelwood Loop (Wash. Co. Tax Map 1S1 34BC,
Tax Lot 4900) .
A. Staff Report : Read by Laws.
B . Applicant 's Presentation :
* Gordon Sweeny, 11650 SW Hazelwood Loop, Applicant
stated the patio and cover had been constructed
on the south side of their home where the sun was
a constant problem; it added to the appearance of
the home.
C. Public Testimony:
Proponent 's :
* Bob Hall, 11660 S .W. Ashwood Ct . ,
stated that he was the adjacent property owner
and had no objection to the patio cover.
D. Staff Recommendation:
Subject to the findings of fact enumerated above,
staff recommends approval of the applicant 's
request as submitted.
E. Commission Discussion:
* Popp recommended approval of this request citing
a similar instance in Summerfield which had been
approved.
* Tepedino had a problem with it stating the Tigard
Municipal Code required a high degree of necessity
for a variance and while he ''had empathy with the
applicant and his neighbor and no substantial
damage was being done to the city, the rules are
in the code; perhaps there was a way to modify the
code in order to handle such applicants in a less
bothersome way.
* Wood stated he would have a hard time denying that
which harms no one and is a reasonable use; he
cited the unusual backyard of this corner lot as
being the "unusual hardship" needed for a variance.
* Goldbach made a motion for approval
* Brian seconded the motion
* Sakata expressed concern over piecemeal additions
and the possibility of this patio becoming enclosed
and a room/extension of the house.
* Popp called for the question
* Motion passed with Sakata and Tepedino abstaining
and remaining commissioners voting yes.
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MINUTES
TIGARD PLANNING COMMISSION
April 4- 1978
Page 5
6. Other Business :
MONTHLY STAFF REPORT included in commissioners packets by
staff was appreciated by all commissioners.
GOLDBACH is resiging and moving to North Carolina.
CITY COUNCIL MEETING heard the appeal of the Eastgate Theatre
permit to construct an additional screen.
* Laws stated he thought the basis of the appeal had
been proven invalid
* Storm Drainage Study and the Pacific Highway Median
Project were subjects of concern .
* Laws stated the committees were meeting in regards to
the studies and the commissioners would be kept
abreast of the latest developments
* Popp notified commissioners of the hearings set forth
for the new possible Coliseum for the Portland metroarea
* Laws notified commissioners of action taken at the
City Council Meeting on two appeals : Wayside Inn signs
and Summer Lake development by Art Lutz, both being
denied; Wayside Inn was given 120 days to test and prove
whether or not the allowed sign would serve their
purpose of directing customers to the motel and if not
the City Council would rehear the appeal at that time.
the Park Board requested the additional lots (161-164)
in Summer Lake remain open space area.
* Wood questioned the legality of the possible re-hearing
of Wayside Inn by the City Council and not the Planning
commission.
TIGARD ASSEMBLY OF GOD cHURCH had a proposal for a different
sign to replacelvitheir existing one . All signs in a
residential area are toAreated as a Conditional Use but
staff asked to dispense with that time and expense since
the only change would be in the copy - no dimension or
color change and- actually a better sign would be created.
* Tepedino and Popp felt there was no need to bring such
a matter before the Planning Commission
* Sakata stated the new Sign Code requires an address on
all free standing signs.
* Wood felt some way was needed to not undo the good
features of a previously approved sign and that if the
Planning Commission was shown a picture of the proposed
new sign and all agreed it could be constructed without
Public Hearing. (Turn to last page for additional comments) .
PROPOSED SUBDIVISION SIERRA Tigard St . and Fanno Creek.
* Laws pointed out that a new subdivision had been submitted
for review with the lotting pattern split by the Flood
Plain. He asked the commissioners for some direction to
take in such an instance when the request would be so
obviously in error with the requirements of the Planning
Commission members.
* Tepedino stated this builder had worked in the Tigard
area many times and was fully aware of the floodplain
problem as well as the position of the Planning Commission
on the floodplain and therefore must be trying to insult
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MINUTES
TIGARD PLANNING COMMISSION
April 4, 1978
Page 6
their intelligence or put something over on them.
* Laws stated the submission was currently insufficient . },
* Quimby questioned why the Planning Commission would
hear this subdivision anyway as they don ' t usually.
* Laws stated the condition of the preliminary plat
approval would be sent to them for approval and review.
* Quimby saw no reason to review the obvious violation
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of the ordinance.
* Popp asked if the individual felt it wasn 't in violation
of the Flood Plain Ordinance did they have a right
to turn it down before a Public Hearing?
* Laws stated no.
NORTH STAR SUBDIVISION
which was denied by the Commission
* Staff asked for the Commissioners responses and desires
as to which direction to proceed.
* Corliss stated she felt a responsibility to the property
owners for the alleged statement of City Hall that
Terrace Trails would never be extended.
* Popp stated his inability to believe staff stating Terrace
Trails would never go through as it is too long for a
cul-de-sac; also they weren 't responsible for what City •
Hall said.
* Corliss felt they had an obligation to citizens to respond.
* Quimby said it was stated by staff at a NPO meeting that
it was not feasible for Terrace Trails to go through and
she knew for a fact that the Stemlers had checked with
City Hall to verify/it . She questioned the problem of
its danger as a cul-de-sac and the possibility of one 1�
house in twenty years catching fire as opposed to the };
increased danger to each child on the street if it
weren 't a. cul-de-sac. She felt the greenway should be
dedicated and the lots made smaller to allow it ; the
cul-de-sacs should abut while. not extending through
to allow fire truck5but not any other vehicles access;
the site was definitely buildable.
* Sakata wanted the greenway; and the extension of Terrace
Trails if financially feasible.
* Tepedino stated people don't always hear what was said
or say what was heard and also further stated that
economics change so what was once infeasible becomes
possible.
* Goldbach wasn 't present for the original argument .
* Rossman had no additional comments.
* Wood agreed with Quimby about the greenway; also he felt
a need to finish the bike path along Gaarfe; Terrace
Trails was never intended to be a collector street .
* Popp agreed with the greenway need; voted for back to back
cul-de-sacs ' brought up the drainage problem for the homes
west of the proposed road through the site.
u: * Wood stated the developer was willing to run the sewer
line to the property on the west side.
* Corliss asked if the Porters wanted to extend the bike
path?
MINUTES
TIGARD PLANNING COMMISSION
April 4, 1978
Page 7
*Laws stated the basis of their appeal was improvements
on Gaarde but they had no space to donate.
*Quimby stated this bears out the recent decision to
require that dedication at the time of construction .
DESIGN REVIEW BOARD;
with the departure of Goldbach there was a vacancy.
* Popp made a motion for the appointment of Corliss
* Goldbach seconded and the vote was unanimous for her
approval .
7. Adjournment :
Meeting was adjourned at 9 :00 PM.
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ADDITIONAL COMMENTS ON TIGARD ASSEMBLY OF GOD CHURCH SIGN
* Commissioners concurred that the Church's sign was
acceptable and there was no need to review it prior
to construction
* Commissioners also agreed that all such signs should
be looked at by them (a drawing showing colors and copy)
in the future to avoid the Conditional Use application
if the sign is to replace a previously approved one.
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STAFF REPORT
AGENDA 5. 1
TIGARD PLANNING COMMISSION
April 4, 1978
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
Docket : Conditional Use CU 3-78
Request : To operate a painting contractor business in a M-4, "Light
Industrial Park" zone on a 1 .2 acre parcel .
Location : 12155 S .W. Grant Avenue (Wash . Co . Tax Map 2S1 2BA, Tax
Lot 800) .
Applicant : Balzer Painting, Inc.
I . Findings of Fact :
1 . The site is designated "Industrial" on the NPO #2 Plan and
zoned M-4, "Industrial Park. "
52 020 5) of the Tigard Municipal Code states
2. Section 18. ( ) Tigard
a contractor ' s office requires a conditional use ap-
proval by the Planning Commission .
3. On July 20, 1976, the Tigard Planning Commission approved
a request to construct an 11 ,250 square foot industrial
warehouse on the subject parcel subject to the following
conditions:
1. An agreement to participate in a local improvement
district on S .W. Tigard and S .W. Grant Streets be
executed prior to issuance of building permits.
2 . Dedication of 10 feet along S .W. Tigard and S.W. Grant
Streets be executed prior to issuance of building permits .
Both of these conditions have been met by the property
owner.
4. The applicant is proposing to occupy 3300 square feet of
an 11,250 square foot warehouse building. He will be storing
paints on site which will be dispersed to various job sites
in company trucks.
5. There will be a total of five employees who will arrive
on the subject site around 7: 30 - 8 :00 A.M. , then depart
in company trucks to their respective job sites. These ;
trucks will not be stored on site, but driven to and from
the employees homes. Hours of operation would be 8:00
ir A.M. through 5:00 P.M. , Monday through Friday.
6. The site plan approved by the Design. Review Board on Sep-
tember 14, 1976, for this parcel required 12 parking spaces
STAFF REPORT
AGENDA 5. 1
TIGARD PLANNING COMMISSION
April 4, 1978
Page 2
for the 11,250 square foot warehouse as proposed. There
would be only one person (full time) at the site during
a working day.
II . Conclusionary Findings:
1 . The proposed use and activities generated by the use are
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compatible with adjoining uses .
2. Sufficient parking is available on site to meet code re-
quirements . Additional parking spaces could be provided
to accommodate overflow parking.
III . Staff Recommendation:
Subject to the findings of fact enumerated above, staff recom-
mends approval of the applicant 's request as submitted.
STAFF REPORT
AGENDA 5.2
f., TIGARD PLANNING COMMISSION
April 4, 1978
Fowler Junior High School - Lecture Room
10865 S .W. Walnut - Tigard, Oregon
Docket : Conditional Use CU 4-78
Request : To operate a wood products "pre-cut" operations in a M-4,
"Light Industrial" zone on a 1 .2 acre parcel .
Location: 12155 S .W. Grant Street (Wash . Co . Tax Map 2S1 2BA, Tax
Lot 800) .
Applicant : Leon D. Hval Construction
I . Findings of Fact :
1 . The site is designated "Industrial" on the NPO #2 Plan and
zoned M-4, "Industrial Park. "
2. Section 18.52.020(3) of the Tigard Municipal Code states
that furniture manufacturing (which this proposed use is
similar in nature to) requires a conditional use permit
to be authorized by the Planning Commission.
3. On July 20, 197 6
� the Tigard
Planning in g
C ommission approved
ro
ved
a request to c onstr uct a 11, 250 square foot indust rial
on the subject t .
warehouse o 7 ec parcel .
4 . The applicant is proposing to occupy 3300 square feet of
the 11, 250 square foot industrial warehouse building. He
will be pre-cutting wood products in the warehouse and
assembling these items off the premises . "All major power
tools are to be ducted to trash and there will be no saw-
dust floating in the air. "
5 . The applicant has one employee besides himself, and there
will be two trucks used by the company.
Hours of operation of the business would be between 7: 30
A.M. and 5 :00 P.M. , Monday through Friday.
6. There are currently 12 parking spaces provided on site as
per Design Review Board requirement . The, proposed use
would require two spaces. Additional parking area is avail-
able to accommodate overflow parking.
II . Conclusionary Findings:
1 . The proposed use and activities generated by this use are
compatible with adjoining uses.
III . Staff Recommendation :
Subject to the findings of fact enumerated above, staff recom-
mends approval of the applicant 's request as submitted.
STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
April 4, 1978
Fowler Junior High School - Lecture Room
10865 S.W. Walnut - Tigard, Oregon
Docket : Conditional Use CU 6-78
Request : To operate a real estate office and an escrow office in a
C-4, "Neighborhood Commercial" zone on a .40 acre parcel .
Location: Intersection of S .W. Shady Lane and Greenburg Road (Wash.
Co. Tax Map 1S1 35B, Tax Lot 2000) .
Applicant : Donald B ri
pp 1 u d ck
I . Findings of Fact :
1 . The site is designated Retail Commercial on the NPO #2 Plan
and zone C-4, "Neighborhood Commercial . "
2. The proposal to locate an office in a C-4 zone requires
conditional use approval by the Planning Commission.
3. The applicable statement from the NPO #2 Plan text is the
following:
"The Greenburg - 217 interchange is planned to serve as a
neighborhhod convenience commercial center with the peri-
pheral sites also serving the transient demand at this
location for highway commercial establishments such as
service stations and restaurants as is presently occuring. "
4. On April 12, 1977, the Design Review Board approved a re-
quest to construct a 5200 square foot building on the sub-
ject parcel . The northeastern portion of this building
is currently occupied by Swift Mart . The applicant is
proposing to lease the remaining 2600 square feet to Century
21 Realty and Sentinal Escrow for office uses.
5 . On March 16, 1978, the City Administrator approved a Temporary
Use Permit to allow Century .21 Realty and Sentinal Escrow
to operate their respective businesses on the subject par-
cel subject to the following:
1 . This permit is void after 60 days from this date.
2. You will commence making application to the City for
Conditional Use Permits to operate the above mentioned
businesses.
3. Granting this Temporary Use Permit will not commit the
Tigard Planning Commission to take favorable action on
the Conditional Use Permit applications
STAFF REPORT
AGENDA 5. 3
TIGARD PLANNING COMMISSION
April 4, 1978
Page 2 i
6. The applicant has informed staff that it is the intent of
Sentinal Escrow to move into the soon to be constructed `'
Tarbell Realty Building across the street.
7, The off-street parking requirement for the two offices is
eight spaces. There is currently sufficient on-site park-
ing to meet this requirement .
II . Conclusionary Findings:
1 . The request conforms to the Comprehensive Plan (NPO #2)
because realty offices are considered a highway oriented
use . The plan specifies either highway oriented or neigh-
borhood convenience uses as appropriate for this location.
III . Staff Recommendation:
Subject to the find in g s
of fact enumerated above, staff recommends
nds
approval of the applicant 's request as submitted.
STAFF REPORT
AGENDA 5 .4
TIGARD PLANNING COMMISSION
' April 4, 1978
Fowler Junior High School - Lecture Room
10865 S .W. Walnut Street - Tigard, Oregon
Docket: Variance V 2-78
Request : Variance to the rearyard setback requirements in a R-7
PD zone, Single Family Residential Planned Development .
g Y
p
Location: 11650 S .W. Hazelwood Loop (Wash. Co . Tax Map lSl 34BC,
Tax Lot 4900) .
Applicant : Gordon and Betty Sweeny
I . Findings of Fact :
1 . The site is designated on the Tigard Community Plan, 1971,,
and NPO #7 Draft Plan as Urban Low Density Residential and
zoned R-7 PD, Single Family Residential Planned Develop-
ment (Englewood) .
2 . Section 18.20.060(4) of the Tigard Municipal Code requires
Prig that the rearyard setback in a R-7 zone shall be a minimum
of 15 feet .
3. The applicants are requesting a rearyard setback between
6 and 10 feet to accommodate a patio cover on their premises.
4 . Section 18. 76 .010 of the Tigard Municipal Code authorizes
the Planning Commission to grant variances from the require-
ments of Title 18, where it can be shown that , owing to
special and unusual circumstances related to a specific
piece of property, the literal interpretation of this title
would cause an undue or unnecessary hardship.
5. Section 18 .76.020 of the Tigard Municipal Code states that :
"No variance shall be granted by the Planning Commission
unless it can be shown that all of the following conditions
exist :
(1) Exceptional or extraordinary conditions applying to
the property that do not apply generally to other
properties in the same zone or vicinity, which con-
ditions are a result of lot size or shape, topography,
or other circumstances over which the applicant has
no control;
(2) The variance is necessary for the preservation of
a property right of .the applicant substantially the
same as is possessed by owners of other property in
the same zone or vicinity;
( 3) The authorization of the variance shall not be materi
ally detrimental to the purposes of this title, be
STAFF REPORT
AGENDA 5.4
TIGARD PLANNING COMMISSION
Page 2
injurious to property in the zone or vicinity in which
the property is located or be otherwise detrimental
to the objectives of any city development plan or
policy;
(4) The variance requested is the minimum variance from
the provisions and standards of this title which will
alleviate the hardship. "
6 . The site is currently occupied by a single family residence
and surrounded by single family homes.
7. A 15 foot by 30 foot patio cover has been partially con-
structed on the premises. The southeast corner of the
cover is 6 feet from the rear property line. The south-
west corner would be 10 feet from the property line. The
home on the adjacent parcel is located 22 feet from the
applicant 's south property line.
8. According to the applicant ' s submitted statement, the ad-
joining neighbors have no objection to the patio cover and
participated in its construction .
II . Conclusionary Findings :
1 . On previous occasions, it has been the Planning Commission's
position to grant a variance based on the intent , rather
than the strict interpretation, of this title.
It is staff opinion that the granting of this variance would
not be "materially detrimental to the purposes of this title"
nor would it be injurious to properties adjacent to the
parcel in lieu of the fact that the adjoining neighbors
have stated they have no objection to the proposed use.
III . Staff Recommendation:
Subject to the findings of fact enumerated above, staff recom-
mends approval of the applicant 's request as submitted.